Chicago Illinois Whistleblower Lawyer Michael Rosenblat

(312) 948-0006

Chicago Illinois Whistleblower Lawyer

The firm handles legal matters primarily in the following practice areas: Criminal and Civil Litigation.

As an attorney, I strive to provide my clients with the best representation possible. My clients are treated as individuals, kept informed as to the status of their case, the evidence, and the likely outcome. This allows my clients to make informed decisions as to his or her rights.

How can Mr. Rosenblat help? 

Mr. Rosenblat is an experienced and respected attorney in whistleblower and qui tam litigation. Mr. Rosenblat served as the deputy chief of the Illinois Attorney General’s Medicaid Fraud Control Unit and has represented the state and/or the whistleblower relators in cases which have resulted in significant settlements or verdicts.  Contact Mr. Rosenblat if you believe that you may have the factual basis to bring a whistleblower lawsuit.

Suits brought by a Qui Tam Plaintiff

When a private person brings an action under the Whistleblower Reward and Protection Act, numerous procedural obstacles must be successfully negotiated.  Failure to negotiate these obstacles can lead to the relator’s case being dismissed or the whistleblower being dismissed with the State taking over the action.  The State can of course proceed without a whistleblower and settle the case without having to award the private person an award.

A private person bringing an action must closely follow the filing and service provisions of the Whistleblower Reward and Protection Act.  Section 4(b)(2) requires that “a copy of the complaint, a written disclosure of substantially all material evidence and information that a person possesses shall be served on the State.  The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders.”  Failure to follow these filing and service requirements could result in the relator’s case being dismissed.  Even if the private person’s case is dismissed, the State could still intervene and take over the action by filing its own complaint or simply adopting the complaint filed by the private person.

In Pilon v. Martin Marietta Corp., the defendants Martin Marietta and General Electric appealed a judgment dismissing the Pilons’ complaint without prejudice, contending that the complaint should have been dismissed with prejudice because the Pilons’ failed to follow the filing and service provisions of the Federal False Claims Act. The court held that the False Claims Act counts of the complaint should have been dismissed with prejudice, because the plaintiffs did not take steps to have the complaint filed under seal neither did they serve a copy of the complaint and the material evidence on the government. While the court stated that the legislative history of the False Claims Act’s 1986 amendments were “to encourage more private enforcement suits” the government was concerned with private suits alerting defendants to ongoing or potential investigations.  Therefore, the sealing of the complaint provision was enacted to permit the government time to evaluate the allegation and conduct an investigation.  Furthermore, defendants maybe more willing to reach an expeditious settlement with the government prior to the case being unsealed. “The Pilons’ failure to comply with the service provision incurably frustrated all of these interests.” 

Once the complaint has been properly filed a copy of the complaint along with “written disclosure of substantially all material evidence and information the person possesses shall be served on the State.” 

Regarding the requirement that material evidence be served on the State, there is no clear definition as to the precise meaning of the phase “material evidence.”  However, practically, the better this evidence is organized and presented to the Attorney General, the more likely the Attorney General’s Office will devote resources to investigate and ultimately intervene in the action.  State intervention is critical to a successful prosecution.  Over 80% of the cases in which the government declines intervention are voluntarily dismissed by the whistleblower.

Attorney Michael Rosenblat

Mr. Rosenblat was born and raised in Chicago and graduated from the University of Illinois in Champaign, and from the John Marshall Law School in Chicago.

After graduating from law school, Mr. Rosenblat enlisted in the US Army and attended basic training in Ft. Leonard Wood, Missouri, Officer Candidate School, Infantry Office Basic Course, and Airborne School at Ft. Benning, Georgia. Michael was assigned as a platoon leader with the 7th Infantry Division (Light).

In 1990, Lt. Rosenblat was transferred to the Judge Advocate General's Corp to continue his legal career. Cpt. Rosenblat was assigned as a prosecutor with the 9th Infantry Division at Ft. Lewis, Washington and deployed to Dragon Base/Dharan Saudi Arabia. After finishing his tour in Southwest Asia, Cpt. Rosenblat was reassigned as a defense counsel.

In 1993, Cpt. Rosenblat left active duty and became an Assistant Attorney General with the Illinois Attorney General's Office in Chicago.

At the Attorney General's Office, Mr. Rosenblat was assigned to the Criminal Prosecutions and Trial Assistance Bureau. During his tenure, Mr. Rosenblat prosecuted an elected County Sheriff, a Joliet Police Officer, an elected clerk of the Circuit Courts, and several Illinois Department of Correction prison guards for official misconduct. He also prosecuted home repair fraud, aggravated arson, and murder cases.

As Deputy Chief Medicaid Fraud, he was a member of the global settlement team in which Walgreens agreed to pay $7.6 million to settle a false claims case alleging that Walgreens over charged states and the federal government for prescription drugs.

As Deputy Chief Criminal Prosecutions, he supervised the assistants assigned to that bureau and as Deputy Bureau Chief, Special Litigation Bureau, he prosecuted false claims cases on behalf of the State.

In private practice, Mr. Rosenblat represented consumers in the Ford / Firestone Tire Litigation, Superior Bank underinsured depositors litigation, and Enron Securities Litigation. Mr. Rosenblat was also part of the prosecution team that obtained a $48 million jury verdict (to be trebled to $144 million) against Amerigroup on October 30th, 2006.

The firm's current practice is focused on criminal defense, and false claims prosecutions.

In addition to Michael's legal accomplishments, he co-authored an article on the Illinois Whistleblower Reward and Protection Act, has spoken before groups concerning false claims issues, criminal defense and search and seizure, appeared on the local cable showe "Newsmakers" to discuss prescription drug pricing and appeared on "Fox News Live" on February 28th, 2005, to discuss the Michael Jackson trial.

Practice Areas: Criminal Law; Civil Practice; Drug Crimes; Driving While Intoxicated; Parole and Probation; Juvenile Criminal Law; White Collar Crime; Qui Tam Litigation; False Claims Act; Whistleblower Litigation; Military Courts Martial; Military Justice; Military Criminal Law; Military Administrative Law; Whistleblower Protection.

Admitted: 1985, Illinois and U.S. District Court, Northern District of Illinois including Trial Bar; 2004, Capital Litigation Trial Bar; 2006, 7th Circuit Court of Appeals

Law School: John Marshall Law School, J.D., 1985

College: University of Illinois, B.A., Political Science, 1982

Member: Judicial Evaluations, Corrections & Sentencing Committee; Illinois State Bar Association; National Association of Criminal Defense Lawyers

Biography: "Search & Seizure Updates", Solo and Small Firm Committee 2006; Member, John Marshall Law Review. Co-Author: "Prosecuting a Claim Under the Illinois Whistleblower Reward and Protection Act," Employment Termination, IICLE, 2002, updated 2005; "The Attorney General's Medicaid Fraud Unit, Prosecuting Health Care Fraud" the Small Hospital Compliance Seminar, 1998, Illinois Hospital and Health Systems Association, Health Care Compliance Plans: Spanning the Continuum, 1998; "Filing a False Claims Case in the Northern District of Illinois," Chicago Bar Association, Committee on Federal Civil Procedure, 2000; "False Claims and Class Actions," Chicago Bar Association, Committee of Class Actions, 2001. Judge Advocate General, 1990-1993. Assistant Illinois Attorney General, 1993-2001 (including Deputy Bureau Chief, Criminal Prosecution, Deputy Bureau Chief, Special Litigation and Deputy Bureau Chief, Medicaid Fraud Unit).

Military: United States Army, 1987-1993, Reserves 1993-2002. Infantry Officer 1988-1990. JAG, 1990-2002.

Chicago Illinois Whistleblower Lawyer Michael Rosenblat